Patna High Court
Avinash Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
Avinash Kumar Mishra was arrested in connection with a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged recovery of 11.7 kg of ganja. The petitioner applied for regular bail, asserting his innocence, a clean antecedent, and having been in custody since 3 February 2025. The State opposed the bail on the ground of the large quantity of narcotics involved. The Court, after considering the recovery, period of custody and the petitioner’s clean antecedent, allowed the bail application. The bail was granted on a bond of Rs.10,000 with two sureties, subject to conditions of monthly police‑station attendance, verification of clean antecedent, and that the sureties be close relatives.
Issues considered
- What is the appropriate bail disposition in an NDPS case involving a large quantity of narcotics and prolonged pre‑trial custody?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(II)B, 25
Subjects
- bail
- NDPS Act
- regular bail
- large quantity narcotics
- clean antecedent
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17568 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Avinash Kumar Mishra S/o Late Bachha Mishra R/o vill - Masarh, P.S-
Udwant Nagar, Distt.- Bhojpur, ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarveshwar Tiwary
For the Opposite Party/s : Mr. Binod Kumar No. 3
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Udwant Nagar P.S. Case No. 54 of 2025 registered for the
offence under Section(s) 20(b)(II)B/25 of the NDPS Act.
3. As per the prosecution case, the recovery is of 11.7
Kg of ganja from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 03.02.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the recovery, period of custody and the
Patna High Court CR. MISC. No.17568 of 2026(2) dt.24-03-2026
2/2
clean antecedent, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Udwant Nagar P.S.
Case No. 54 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Udwant Nagar Police
Station on every Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii) The bailors will be the close
blood relatives of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(Sandeep Kumar, J)
Shishir/-
U T
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